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19.02.2013 Views

CMS-1403-FC would refer to both emergency and nonemergency transports, we wish the regulation text that will appear in the CFR to be clear on its own, particularly to readers who may be accessing the regulation years from now. Therefore, we believe it is preferable to retain the proposed language “emergency and nonemergency ambulance transport services” so as to leave no doubt that both emergency and nonemergency transports are covered by the exception in §424.36(b)(6). 4. Solicitation of Comments and Data Pertaining to Physician Organ Retrieval Services Since 1987, we have limited the amount an Organ Procurement Organization (OPO) may reimburse a physician for cadaveric kidney donor retrieval services. Chapter 27 of the Provider Reimbursement Manual (CMS-Pub. 15-1) limits the payment to a physician for cadaveric kidney retrieval to $1,250 per donor (one or two kidneys). Although the payments made to physicians for organ retrieval services associated with other types of organ transplants have increased, kidney retrieval rates have remained at $1,250. We have received several requests to change the amount we pay for kidney retrievals. To date, we do not have data upon which to base a change in payment. 772

CMS-1403-FC In order to determine fair and reasonable payment for cadaveric organ retrieval services, we solicited public comments and data that are reflective of organ retrieval service costs. We did not limit our solicitation to costs associated with kidney retrieval services, but rather stated that we are interested in receiving comments and data pertaining to retrieval services for all types of organs. We indicated that we may use this information to determine the extent to which a recalculation of the payment for cadaveric organ retrieval services furnished by a physician is warranted and to inform any future rulemaking on this subject. Any future rulemaking would provide for notice and public comment. We received four timely public comments in response to our request for information and data for use in updating the organ retrieval physician payment amount included in organ acquisition costs. The following is a summary of the comments we received and our responses. Comment: The commenters believed that the kidney retrieval rate of $1,250 per donor is insufficient and three of the commenters recommended that we increase that limit by either the Consumer Price Index for all urban consumers (CPI-U) or the Medicare Economic Index. Two commenters stated that little or no data on actual organ 773

<strong>CMS</strong>-1403-FC<br />

In order to determine fair and reasonable payment for<br />

cadaveric organ retrieval services, we solicited public<br />

comments and data that are reflective of organ retrieval<br />

service costs. We did not limit our solicitation to costs<br />

associated with kidney retrieval services, but rather<br />

stated that we are interested in receiving comments and<br />

data pertaining to retrieval services for all types of<br />

organs. We indicated that we may use this information to<br />

determine the extent to which a recalculation of the<br />

payment for cadaveric organ retrieval services furnished by<br />

a physician is warranted and to inform any future<br />

rulemaking on this subject. Any future rulemaking would<br />

provide for notice and public comment.<br />

We received four timely public comments in response to<br />

our request for information and data for use in updating<br />

the organ retrieval physician payment amount included in<br />

organ acquisition costs. The following is a summary of the<br />

comments we received and our responses.<br />

Comment: The commenters believed that the kidney<br />

retrieval rate of $1,250 per donor is insufficient and<br />

three of the commenters recommended that we increase that<br />

limit by either the Consumer Price Index for all urban<br />

consumers (CPI-U) or the Medicare Economic Index. Two<br />

commenters stated that little or no data on actual organ<br />

773

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